Vey 3: rationally and as far as possible, the right to know and be cared for by nis ar hor parents 6. Intemasons! Covenant on Cid and Poitical Righis, Article 26 1 Every child has tno right to sequire a natenaity 1d. 1880 Hague convention un Certain Question Relating to "ha Conflis cf Natenasly Laws, Artie 14 "A chil whose parents are bath unknown shal have the natonaity of the cour ot beth 2 1561 Unied Nations Canvention on ine Rechction of Statelessness, rice 2 “A founding found in the tetory of @ Contracing Stale shal in the absence of prof fo the contrary. be considered to have been born wii the trrtory of parents possession the nationality ofthat Sista” (Poe-tiamanzaros v, COMELEC, su9r0). Vill LAW-ON RUBLIG OFFICERS A. GENERAL PRINCIPLES 1: Whats nublie office? : ANS: Publ ofce s3 rok authriy. and duly eates and contested by lw, by which lor gion period, oie: xe by law or enduring 21 e pleasure of te creating power an individual is ivested wih some porbon of the sovereign functions of ha state to be ‘uerosed by Nm forthe benef of the body pote (Femandez v. Sto: Tones, GR. No 116810, Marc 7, 1995) x vnatare te chatacters of pub ofc , ‘nS Buse ohe abo chaoctorced a9 lows 1 Gea ute wns merely erated tothe publ ocr {CONST. At. XL Sec 2. is otk popes nt otc or gurney the due proces casa (conta be 2. Winat ae able posession (CONST. At, Se. 2 4 Ie talde Ue coreerce of ant coanol be te suet ofa veld contact tthrwsa the conracts 101 (EMUE. Tne Law Of Pub Ore (200) ‘hiner, CUE Law ef ube Goes) (©: What are the elements of public ofice? ANS: The elements ef a pubic offce ae 2s follows: (L.D-DIP) 4st be create by Law or By aulhoiy of ans 2 It must possess @ Delegation of @ portion of tha sovereign powers of ‘government, o be exercised forthe banett of tne publi 3. The powets confeted and the duties 10 be discharged must be Defined roety or mpledy, by the lnilatare oF tough legislative autho “The cies must be performed Independently and without contal cf superior power ather than Ine low unless they be those of an inleror er subordinate thee Seated vt aetbanced by the legisatite, and by X places under the (general cantiol a asuperot office of body. 5 Il must have some Permanence and continuity and nat be only temporary ot ‘occasional (CRUZ, Law of Publ Officers. supra at 43). @: Whois a public oficr? ‘ANS: Gereraly, 2 public offer isan invidual invested with @ public ofice (SUAREZ, ‘supra a 900). I parla 1. Under the ADMINISTRATIVE CODE, Sec. 2, hon iis used with reference to person having to do 8 parioular act ar perform 9 partular function in the 96BEDAN RED BOOK ‘exercise of governmental power, it includes any government employee, agent, fr bedy having te do tha act or exercise that uncon: 2. Under the REVISED PENAL CODE, Art 203.1 refers to any person who, by dzect provision of law, popular lection, ‘or appointment by compeient ‘authority. takes part in the performance of public functons in the Government ff the Phiipine ‘slancs, or performs in Saks Govecrmnem oF in any of KS branches, public duties a& an employee, agent, or subordinate ofical, ef any rank cass: and Under the ANTI-GRAFT AND CORRUPT PRACTICES ACT, otherwise known as RA 4019, i includes elesive and appontve officals, and employees, Permanent of temporary, whether in the classed, unciassied, or exemat Eonvco receiving compensation, even norrinal, fam the government (FA 3019, Sec 2 par. (0) ; What makes a public officer diferent from a public emptoyee? |ANS: The. most important enoractarisle whic! cstings’shes an offce fiom an frmployment er conlact is thatthe creation and contering of an office involves. a Galegaton fo the indioual of some of the sovereign ciens c? government, 1 ba texercised by him for the bere of the pubic that some portion ofthe sovercignty ofthe Coury, ether lagisiaive, execulive of judi, atacnes, for tha time beng. 10 Le ‘exercised forthe pubic benef. Unless the powers conlerced are of this nature. the individuals not 9 pUDIC officor (Laure! v. Dostorto, GR, No. 1489908, April 12,2002) Q: 1s 9 UP student regent a public offices? [ANS: Yes. The Beard of Regents porforms functions sintiar to those of a board of trustees ef @ nnslock cerpocatlon. By express mandate ofa. a member ofthe Board Ct Regents i consdered, a pubic officer and Is wihin the contemplation of PD. No. 008, the Statute defining tie jursdellon of th ‘Sandganbayen (Serena vs. Sandigantayan, G.P. No, 782059, .anuary 22, 2008), 1B. MODES OF ACQUIRING TITLE TO PUBLIC OFFICE {: What are the modes of aequiring tite to public office? [ANS: Tha modes of acauiing file to public office are by clacton and by appointment (NACHURA, supra 2540). @: Distinguish election from appointment. [ANS: Electon is 9 choice made by the enianchised ctizenry Urough the exercise of Sutage (SUAREZ sopra at 908). while appointment is 2 selection, made by the Buihonly vested with such power. of an india! who ig To exercise Ine functions of ‘given office (Binamira v. Garrucha, GR. Mo, 92008, July 30, 1980). @: What isthe nature of an appointment? ANS: An appointment is essentially a discretionary power and must be performed by the bficer in whom tis vested according to his best ght, the onfy canton being tha the Spointes shoud possess the quabfealans roquired by Taw. Ihe does, Yen the Sppoiniment cannot be rautecon the ground that here are oes belter quaifed who Should nave been prefered Luogo v. Chil Sorvino Commission, GAR No. (69437. August 8, 1986), 1G: What ae the requisites of a valid appointment? ANS: The requistas of aval appoimimon are: [V-PACQUA) 1. The positions Vacant 2. The sppointing euthory must be vested with the Bower to Appoint atthe time appointments made 8, The apaciniment hao eon approved by the SC (or Contiened by Commission an Azpaine44, The appoiiee shoud possess all the Quailicatons Including appropiate civ service alg and none of the diequaifeatons: 5, The appointee Accepts the apoiniment by taking tha oath and entering into ischarge of duty (Garces v" Court of Appeal, GIR. Mo. 114795, July 17, 1990), 1: How is appointment effected? ANS: The aPpoiinent process depends on whether ifs a regular appointment or an ‘ppoininent which does not require confimation 4 For regular appoininens, the steps are te flowing ‘2. Nomination ay the President: Bb. Contimaton by the Comslon on Appoiniment: Issuance of ta commission; and 4d. Acceptance by ne appointee, 2. For sppaniment which does not require conirmaton, the steps are the folenngy - ‘2. Appciniment by the Spacing Bithodty . Isbuazes of he commission, and © Acsiplance bythe appoiniae: ant! 3. Wher dhs snpavionsnt is 0 the career canice ol the Chul Service. m addon to the foregone attoslavior by tho Civl Serdes Commision is required INACHURA, supra 0548), ns Q: What iso commission? ANS: It's tho (érmal evideneg othe appomtment (Corpus v. Covi Of Repeats, GR, No 123980, January 26,1996). Q: What is the atiect if the steps reaul ‘completed? [ANS: tis long cele inthe lew of publ offices abd officers thal where the poner of ‘appowtment is absolul, and the -pponntes fas been dolermined upon, no flthor Ceansent of approval is necessary. and the-formal evidence of the apasialment, the ‘commission, may Issue at once. Wire, however, Ne, assent or,confimaion of Some ther olfea or body i requies, ihe olnmission can Kaue or the appointment may be omplaie only wnes seh ascent: or confimation fg obtained. In ether case. the ‘2pomniment becomes Complete when the last act requited of the appxvming poner Is Patformed. Unt the process camplete: te "sppointee can claim no vested right in the offce nor invake sacunly of esi 4 for appointment are not followed or A pubic ofeia or employee who assumed office under an incomplete appointment i= moral 8 do facto offeer for the duration of hs occupancy ofthe offen fr the reason thal Ne assumed offea under colar of @ known appointment which ie vod by reacon of some defect or ireguanty in is exorcise (Corpuz v, Court of Appeals, Sup), 4; Can an appointment be revoked by the appointing authority? ANS! Yas, cut caly when ihe appoinimont is temporary. Temporary appointments are ‘exlented io those who may nat possess tha requiste gualfeations oF eighty and 1S ‘evocablo at wi, thout te necessity af ust cause or vad investigation provided that 80 appointment shall pat exceed weve (12) months (P.L BOY, otherwise known 3s Ie Gi Serves Decree, See. 25. nord). ©: Distinguish appointment from designation, ANS: An appointment ie tne selection By tha proper autho of an indviial whois 10 exercise the ponets and Linctons of given ofhes, white designation meray connctes ‘an imposition of addtonal cules, usualy by aw. upon @ person already i the public Service by vitue of an eater appoiniment. There bey no zppornimont issued 96GH N Ty erer 4 ‘designation does not entitle the offeer designated to receive the salary of the position (Dmaandal v. Commission on Aust, GR No, 122497, shine 25, 1998), C KINDS OF APPOINTMANT : What ato the kinds of appointment [ANS: Azpointments can be classified ether as: 1. AS enjoymant of secur of tenure 2. Petmanent of b. Temporary, and 2. Astowhen the appoinimen takes effect ‘a. Reguiar or b.Adlintorim (WACHURA, pp. $41-543) {@: To whom are permanent appointments issued”? ANS: A’ permanent apponimient shall be issued to 2 person who mecls at the equremenis fcr the postion to which he ie being appoete, including the appropriate ‘lgiblty presenbed, in accordance with the provisions of Iam, rules, and standards promuigaled in pursuance thereof (ADM, CODE, Book V, Tile Sub. A. Chap. 5, See Br pan (1) Q: To whom are temporary appointments issued? ANS: In the absence of approprote egies and i becomes necessary in the public interest to fia vacaney, = lemporary appointment shell be issued lo 8 person wind ‘moots all te requirements fo the posilon To which he is belng appoinied except tne fopropate chil servica wlgibiy: Provided, Thal such temporary appoiniment sal rol exceed twelve months, but tne appcintoe may be ‘oplaced sooner if a quaifiad chil Service elle Hecomes avallable (ADM CODE, Book V, Tile, Sub. A, Chap. 5, Sec 2, par. (2) {: wats the differénce between permanent and temporary appointees 25 to the enjoyment of secury of tenure? ANS" Permanent apportees cannot be removed whut cause. On sha oer Mand, one we holds a temporary apscrment has no fixed lenue of offs, hs empoymen| con Us texminated atte possure Ihe azpeiing pote, ere Beng no nous to show Fat the termination i for cause (Ong v.Ofoe ofthe President. GR No. 184278. January 530, 2012) also provided under the law thet temporary apocininent sha pat exceed twelve months. and the appoirtee may be replaced sooner it @ qualiied cil Soriee cigble Becomes avalaba (A0M. CODE Boo! V, Te) Sub. A Chap 8, Soe 27, par (2) : What is the effect if permanent appointee accepts 9 position in a temporary acting capacity? ANS: When a permanent scpointee accepts a temporary appointment he is effectively ‘vested of secunty of tenure temporary appainiment dose aot give the apacinien any definite tenue of office but makes it dependent uson the pleasure of Ine appointing over. Thus. he matier of convering such a temporary apacinimant Io a permanent fone Is addressed to Te sound dncreion of the appointing aulhoely (Romneides v Chal Serica Commission, GR Hos. 94878-04881, oy 15, 1991} ©: Does the subsequent acquisition of appropriate civil service sligibility jpso facto conver the temporary appeintment into a permanant ane? ANS: No. Mere acquistion of Re appropriat® civil sontce eighbity by a tomporsry ‘appointee wil potinso facto convert the temporary appointment ino a permanent one. A ew appointment nol maraly reinstatement, = necessary. Bul even then, bo cannot compel the appointing officer Io reappaint him forthe power to appaint fn essence {scrotionary (Mavuran v. Magiana, No. L-5208". March 29,1982). 99 ae (air‘vous 2019 ©: Wino are regular appointens? [ANS: Regula appointces ara those appoint bythe Prosidont while the Congress is in Session afer the nomination i coalimed by tbe Commission on Appointments, and Continues unt th end af the lem (NACHURA, supra 2 $49), ©: Wiho ste ad interim appointees? ANS: Ad intr appointees ara those appcintes by tne Prosident hie the Congress rot in session, The President shal have the power 10 make appointments during the ‘ecess ofthe Congrass, whether voluntary or Comoulsory, But such appointments shall elective ony Unt asaprioved by the Commission on Appointments or unt the next ‘cjaurnmentol Ine Congress (CONST. Arte VI See. 16, Pat (2) (0: Wen isthe confirmation of the Commission on Appointments required? ANS: The folowing appointees require the confimation of the Commission on Appointments: 1 Heads of Executive Department; 2. Ambaseadors or other Pubic Ministers Bnd Coneuls: 3. Offers of te Armed Forces fom ing rk of Cotonl or Naval Capa; and 4. Otter offeers whose: appointments. ara vested in the President in the Constiuion (CONST, Arle Wt, 13 1: What are the steps in the appointing process for regular apsointments? ‘ANS: For regular appointments, it shall comply the following steps: (1) Nomination by the Proscent[2} Contmation bythe Commission on Appointments, (2) lesuance of te Commission: a (8) Aecepnca by the appolilee (WAGHUR supra at 544) {What ae the steps inthe appointing process fr/ad interim agpointments? |ANS: Becauss salinerim sppamiments do no! requir confirmation fo bo effective, is fected when the. folowing sls are Sampled vith: (1) Appoiniment by appointing ‘author (2) sduahce ofthe commission; and 3) Aecoptance by ine appointee. (Cc). (: Is ad interim appointment considered as permanent?” ‘ANS: Yes. becausa I [akeselfct immediately and carne longar be withdrawn by the President once the apporrize has qualifies info offee."the fact tal Hw subject to onfrinaton ty the Commision on-Appointmentss dées-hot aller ts permanent chorecter, The: Constitution itself’ makes ‘an_ad-inteor eppointinent permanent in character by making il effecive un disappfoved'by the Commission on Apposniments runt the next adjourement of Congress (Matbag v. Benipaye, GR No. 149035, Apel 2 2002), G: Winatis a by-passed appointee? ANS: A by-passed appointment Is ane that has not been finally acted upon on the aris by the Commission on Appointments at the close of the session of Congress, (Héoivag v Bonjpay, sa) : In what instance can the President reappoint ihe by-passed appointee? ANS: An ad interim epooiniment may ba by-passed because of lack of te or fate of the Commission on Appainimenis to act upon iL There i no final dooson by the Comission on Appcintmenis to give of withhold iis cansent to the appointment 3s required by he Constitution. Absent such domsion, the President is rao lo renow the ad Invern appoiniment ofa by-passed apzoinion. A by-passed ad inlerim appoiniment can be rewad by 9 new appoirimeat bacause ther f no final dsapproval under Secon 18, Aatcle Vil of tho. Constiuion, and such ew appotninent wll aot result iy the appoitce serving beyond th xed tem (Maibag v. Benipayo, supra) 00(_ ..» BEDAN RED BOOK : In what instance reappointment by the President prohibited? ANS: Roappciniment of a by-passed appomiae s prohited 1. Incase the ad interim appointee was Seapprovec and 2 Incase the appointes has previously served aterm of less than seven years, land a vacancy arses fram Geath or resignation, Note: The disapproval ia final dacsion of tho Commission on Appointmetis in the ‘exercise of is checking power on the appointing auosly of the Presiden. Since the ‘Constitution does not prove for any appeal from such decision, the disapproval s fal nd inang on he apps as wal aon me sping pow (Htbagv. Beno, supra POLITICAL LAW .Q: What i the purpose of an acting appointment? ANS: The estunce of an appoiniment in 3m acting capac isis temporary nature. tie ‘2 siop-aap measure inlended fo il an office fora mited me unil the eppoiniment of 4 permanent occupant to the office (Pimentel v. Ermta, GR. No, 164978, October 13, 2005) @: Can the President issue an acting appointment? ANS: Yes. Tho President ‘may. tomporarly desianale an officer alteady in the ‘government serice or any other Compotont parson to perform the functions ofan ofce inte execute branch, appointment to whichis vested I: hin by law, when: 1. The officer regularly appointed to the ofce is unable fo perfor his duties by reason of lness, absence or anyother cause: of Tore exes a vacancy (E.0. 292, 809K il, Chap. § See. 17. Note: Athough there’ is @ distinction between an appolament and a designation (Ginamira «. Garucho, GR. No. 92008, July 30, 1990), it was not appled in ths case of Pimentel v. Ermita, which upheld the Presidont’s power to Issie am, acting appointment “The reason is wecause the code allows any Bihor compatant pprsono be “dosignates” ©: What isthe difference between’ ad interim appeinimenis and acting appointments? ‘ ANS: Tho diference areas faiowe: |! Beier nnd coi Both of them are effective upon acceptance. Extended only during 2 recess of | May be extended any time there is 2 Congress vacancy ‘Submitted to the Commission on | Not submited 10 the Commission on [Appointments for contrmation ar | Appointments rection ‘Acting apociniments area way of empararty ting important ofces. However, f abused, acing appointments an also be a way of cicumeenting the need Tor confirmation by the Commission (on Appointments. (Pimentel v. Erma, supra}. 101(_. » BEDAN RED BOOK ELIGIBILITY AND QUALIFICATION REQUIREMENTS ©: What is eiibilty? ANS: Ege is tRe stale or quality of being legally ft or qualifad 10 be chosen, Eira fan ofce should ba construed as ofa continuing naure anc must exist al the fav. Gena, GA. ‘No. £35181, March 17, 1987) 1: Who are “eligibles”? ANS: Elles are nereors who obtain 9 passing ora in a civil service examination of 's granted a cul senice eighilly and whose names are entered in the register of lgbie rom which appartments must be made (ADM, CODE, Book V. Tile 1, Chap, See. 5, par (8) : How are qualifications for public ofice understood? ‘ANS: Qralicalions for pubic office may be understood wher as 1. Endomments, qualbes,. or albiles whigh make an inGwid.al elgibe for able fic, 9 esizenshi, of 2, The act of ening into tne perormanbl ofthe Tungtone of pubic offce, 0. neta ACHR store #0 teu comes cer fs ohms qv ification praseribed musi: pe relevant to the postod (SUAREZ, “suppta al 912). (2: what ae the lifitations on the part of Congreds in proséribig qualifeations? ANS: The Filaions on ine power of the legislature to preseribe qualiicatons are 2s TT The legilture hay nat reduce cease tg Gualifatons preserved in an exclusive Mannor bythe Censor 2, Tholagslatura may preserve ony ganert ualicabins: and 3. Tee quaiieatone must be relovano the offee for whic they are proseribad (CRUZ, Law of Pubic Offcars. supra 44:45) ©: When should the appointee possess ihe qualifications to the office? [ANS: The reckoning point n determining the qualtcatons of an appcintes is the date of iesvance ofthe appointment and not tha dal of ils approval by The CSC ofthe date of Fesolubon ofthe protest against i {Cind Service Commission v. De fa Cruz, GA. No, 158737, August 31, 2003). Q:s on oath of office a qualifying requirement for a public office? ANS: Yes. Only when ihe pubic oes has salised this prerequisite can his sight to {ete into te poston be conexderedpienary end complete. Unt hen. he has no ght at Si and fora long ag he has nol quai, the Naldower offer isthe Nght occupant (eaaroa v Sondiganbayan, GR. No. 130872, March 25, 1999) Note. Ace TB, Secion 4 of tho Constkiton requis. all pune officers and ‘employees to take an oalh or affumation to unhold and defend Uke Constution, Article Ul Secton 5 (nsblar 2s the Prasident or the Acting President is concetmec) and Article XV, Section 5. ar. 1 all memrers ofthe aimed forces) asa requires taking ef an oalh wzayy RED BOOK’ 38H DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS @: What are the grounds fer disqualification to hold public office under the Constitution? ‘ANS: The dsqvlitzatons under th Const ae es fotows: ‘iecion shal, within one year ater she election, he appointed Io any office inthe Gavernmant (CONST. Art. XB, Sec. 8): No secive official shall Be eligble for appoiniment or designation in any capacity to any public office or position during his tenure (CONST. Art. IK, Sec. 7, per. (1) Unless otherwise allowed by lw a by the primary fnetions of his pasiion, no ‘ppontve offal shall hold any other postion I the Govesnment (CONST, (A WB, See. 7. par. (2): ‘The Presiden, Vico President, the Mambers of the Cabinet, and their deputies cor assistants shall rot, unioss otherwise provided inthe Constiuiion, hold any other offee or ermployinent during their tenure (CONST. Ar. Vl, Soe. 13) No Senator or Member of the Huse of Roprosontatves may hold any other ‘office of employment in the Government, or any subdivision, agency. oF Insirumentaty thereot, nclucieg govern-nent owned or contaled corporations. ot telr subsidiaries, during his tom 2thoutFrering his seal. Nether shal he be appointed to any office which may have been created nor tne emoluments thereof increased during the lem for which he,was elected (CONST. At VL Ser. 3) The Members of the Supreme Court and of other. courts establishes by law shall pot bo. designated "to: any agency patforring quasijudcial oF abminisvatvefinction (CONST, Avil, Sec. 12) Exception: When tho meiaberi9.o!t2 Supreme Cour is designated to an Electoral Tribunal ie Presklental Electoral Tebunal (CONST. Art. VI, Sec 4 per. 7), Senate Elecoral Tribunal or House of Ruproseniatves. Electoral Teoyaal (CONST, st. VI, See. 7; Macalntalv. Presidential ectoal Tabunal GAR. No. 181878, November 29,2070). [No Member of # Consitutional Cortmiasion shal, during his tenure, okt any ther offce oF empoyinent (CONST. Ar. DA, Sec. 2). The samo iin ane Nis depaties (CONST. Art ‘The Omeudeman or his Deputieé shall AST Be quailed fo run for any oie in the election immediately sueceedang ther cessation rom offee (CONST. Art XI See. 11); ‘Members of Constitutional Commissions, the Ombudsman and his Deputies ‘must not have bean candidates for any elecive positon in the elections Preceding thelr appolntment (CONST. Ant De-B. See. 1: CONST. At KC. Sec. 1; CONST. Art. CD, Sec. f; CONST., Ar. Xl, Soc. 8), Memoers of Consttutional Commissions the Ombudsman and his Deputies 212 appointed toa term of seven (7) years, wihoul reappointment (CONST. ‘An 8, Soe. 1. ar (2}i CONST, Art. IX-C, See, J, par (2): CONST. Art. [X Sec. par (2) and CONST. An xl, Sec 11). [an impoachod aficia) may bo eiequalfid tom Nok ‘An Xt, See. 3, par (7), ae Spouses and rlalves oy consanguinity o° ality witin the fourth (4") ct ‘degree of the President shall not curing his tenure be appainied as Members {of the Consthulena! Commgsions, Cif of the Ombudsman, Secrets, Undersecretaas. chaman or hesce of bureaus or ations (CONST, Art Vi See. 13) ng any office (CONST. (ESTE,{Is the prohibition on concurrent appointments under Section 13, Article Vi of the Constitution applicable on temporary appointments? ANS: Yes. Tho provsion plainly indica tha inert ofthe framers cf the Consbition lo impose a stricter pretibtion on the President and the Member of the Cabat in so far 35 holding cer offers or emolayments in the Government or in governmentonned o overnment-conieted caiporatons was concemed. The Constullon makes 10 reference tothe nature ofthe appointment cr designation. The prohibition against dual or mlipia aftozs being hald by ons ofeia’ must be cansisied as ta apply © al _appoiniments or dsignaion. whether permanent or temporary (Fura x. Agra. GR. No, 194686, Febremy 19, 2913). @ Vinat are the exceptions to the prohibition against holding dual or multiple ‘offices or employment under Section 13, At, Vilof the Constitution? ANS: The flowing ae tho excoptions 1." Unless chersse allowen by the Consituton: tis phyase must be given a eral nterorotaton to refer.caly.ta these particular instances cited in the Constitution, to wit he’ Vieo President Belg appointed as a member of he Cabinet under Sections, par. (2) Article Vil oF acting 25 President in those Instances sravided ier Secton-7. pars. (2) ard (3) Aricle Vil anc aha: ‘Secretary of Jusiae boing exoffice member ofthe Jia anc Bar Counc by Walue of Séction 8 (1), Aries Vs 2, When exercised in af excofio capacity the prohibitién against holding dual OF mulple oils ‘or employment unaer Secton 13, Aricie Vill of the CCnsliion must nol, however, be construed as applying to posts occupied by the Exésune offal speed tierein without acdtonsl compensation in an ‘alicia capi" as provided by aw andes requed bythe primary functions Of Said afer = atiee (Chl Liborias Union ¥ The Execulve Secretary. GR ‘No, 8996, Fe ary 22, 1991). {; What are the innibiti>ns.on public officers under the Constitution? _ ANS: The lalouing ar nhibtons Tor pubbe afeere under the Constutoh 1. The Presiden: Vice-President. Catinet Membe's, and ther deputies and assistants shai not, during landre, eitecly oF indecty practice. any othor Pression. participate. in any business, or be-financaly intrested in any Contact wits the Governrion. They shall sey avold conic af inorost in the conduct of thei offge (CONST. A. VI, Sac. 13) 2. Aste Senaiors or Members of he House of Representatives: ‘2 Thay may noi hold any other office or employment in the Government uring hs term without fortetng his seat (CONST. Art. Vi, See. 1). >. Thay shal not be appointed o any office which may have been created ‘or the emakumentsthereal increased during Ue term for which he was ‘lected (CONST, Art. Vi, Sec. 13), algo known a5 the focidcen ofice Gandvetav. De be Costa, GR No. 146267, November 28, 1930); ‘They may "et personally 3ppear as counsel before any court of sice or beicie De ElerieralTibunal, or quastjdieal and other ‘din swative bodies (CONST. Art VI, Sec. 14 They sal not deck” or inarocly, be iuerested fnancaty ia any contr! ith, of in any Rarehize of special prvlege granted By Ihe ‘Governmant. during his term of oes (CONST. Art. Vi. Sac. 13). 2. No Member ofthe Consitutonal Commission shall daring his tenure, Not a otter offic or employrent Neither shall he engage m the praclice of any professin oF in the active management or sontal of business which any \way may be aflected by the functions of his office, nor shal he be financially Inlerested, deciy or indirectly, in any contact wih, of In any franchise of specu! piivioge ‘granlad by ihe Government, during his tarm of offce 108BEDAN RED BOOK (CONST, Art 1e-A, See. 2). This inhibition applies as well othe Ombudsman ‘and his Depulies (CONST. Art XI, Seo. 8): and 4, Nocifcer ar employee nthe cvl Service shalt engage, dracty or narecty. any electioneering or partisan poltical campaign (CONST, Art. XB, Sac. 2, ar. (4). 1: What is partisan political campaigning? ANS: Partisan posical eamoaigning is the active support lor oF aiation with he cause: ff polite! pany or candle. This would insude, among olhere, being a eancidate for ‘any elective office or delegate lo any polical convention, being an office or mersber of ‘any oltical commitse, party or ergenzation, delverng speeches, canvassing oF Sollting vores oF patil Supp or contributions for any politeal party ot canakdate or, in genera, baceming actvely identified with the sucess of falure of aay cancels for lection fo puble ofce (CIVIL SERVICE RULES, Rule XVIl. Sec. 14), 0: Is conviction by final judgment needed to be considered as fugitive from justice as requiced by Sec. 40 of the Local Government Code? ANS: No. Fugiive from Justice apples nok only to those covered by tna judgment ana ‘who absconds to evada punishment bul alsb io one, where a valid ciminal nfermaton 18 already fled and he apsconded to evade jriscicton (Marquez Jr v. COMELEC. SR. No. 112882. Api 18,1995). 1: What is nepotisin? ANS: Nopaigm i avortm towards relglves by he appoiatng avinorly. The Supceme ‘Court sald that nepotism Is one pemicius evi impeding the civil service and the sceney of is pelsonnel. iis 2 form of corruption (Galeos v. People, GR. Nos. 175790037, Febrsary 9 2011), a @: Vina s the rule on nepotism? ANS: The Administrative Code. of 1987. prohibits appontments: ia tho national ‘goverment mads in favar of relatives within tha third (3rd) degree of consanguinly or Binty of einer the appointing authoriy, recammanding aulhanty, chil of bureau oF bea” of persons exercising immediate suparvsion over the appoiniee. Exempted fom this rule ere persons employed in a confidential capacily, Leachors, physivions, snd ‘members ofthe Armed Forces (ADM CODE. Till I-Svb. A Chap. 7. Sec 59) Inthe case of local gavernmenis, however, the Local Government Code of 1981 says that nepotism exists when'en appaniment is made within the four (sth) degree of ‘consanguimly er aiy of the appointing or recommencing auihorty (A. 7760, Sec 79), ‘The Constiuton also prohibits the spouse and relatives by consanguinity or afiity within the fourth (ath) civil degroe af the President during his tonure rem being ‘Appointed as Morchees. of the Consitutional Commissions, of the Offre of the Ombudsman, ce 25 Secrotaies, Undersecrelaris, chairmen or heads of bureaus oF fees, ncluding government-ovned of contol’ comoratans (CONST. Art Vil. Sec 13) F RIGHTS AND LIABILITIES OF PUBLIC OFFICERS 2: What are the rignts of public officers? ANS: The tights of public ofcars are: 1. Right olfee (Paredes v- Abad, G.R. Nos. 1-36027-28, Apnl 15, 1974} 2 Righlio salary (CRUZ, Low an Pubke Officers, supra at 130-191): 2. Right to selfarganization (CONST. Art, Soe. 8) 4 Rpht to vacation leave and sick eave with pay (LC. See. 89) 109BEDAN RED BOO) 5 igh to retiement pay (BSIS v. CSC, GR. Nos 98395-102449, June 19, 1905); and 6. Right nol lo be removed or suspended except for cause provided by law (DE LEON, Philippine Constiotonat Low (2012), p. 179) ©: Detine right to office ANS: Right to ofc sine just and legal claim to exercise powers and responsibties of ‘ha pub offce to which one has bean validly elected or appointed (NAGHURA, supra 21573) ©: Differentiate term trom tenure. ANS: Tex isthe tine dng whieh the officer may claim io hel the office as a matter (of rght and fixes the interval after which the geveral incunbents shall succeed one anober On the other and, tenure represanis. te term during which iho incumbent actualy holds offee (Vale Verde Country Club Inc. v. Afnca, G.R. No, 151869, Soptembor 4, 2000). : Whats the holdover doctrine? SS to concep‘ agro, akon abpld to a pub fice, plies tat e ote a5 2 fied form and the incumbent fs hols on ius Provced byl tat ofets eacted or appelned or a hued term shal emoin in oft fot only for that ten tut until tele succeseore have been placed and quate: However, the fce does not become veeant upon the exsiraion of the Excumbent’s term if ners ne Suceestor elected and qualia fo assume 4 {Locar02 ¥, Sandigantayan, supa} 1: Whats the firpose ofthe holdover cocttine? ANS: This tule Is demnanded.by the "most obvious requirements ef public policy. for without thera cust Fequenty be cases where, trom a fare to cleat or a retusal or ‘eglec to qualify, the offes would be vacant and the public service eniraly suspended, Cnerwse state, the purpara eo prevent a halus inthe government panding to time wen the successor may be chosen and Inducted ilo offew (Galarza v. Valencia, 227 ‘SCRA 728, November 15, 1999) {: Whatis the legal oasis forthe ight to salary of public officers?” ANS: The bass for tne ight fo 'salary of puble officers isthe legal ile to the office and {he fact that he aw atacias compensation to ne office (MACHUR, supra at 873) ©: Can public officers claim additional salary for ex officio positions? [ANS: No, The 6x ofcio pasion being actualy and ' legal eonlemalation part of the Principal oes, it flows that the offal concemed has no nt rece adetlonal Compensation for his services in sad postion. The reasor. is that those services. ae ‘atzady pad for anc covered by the compensation attached to Nis peacpal office (Phippiee Econamic Zone Auttoriy v. Commission on Aude, GR. No. 189767, July 3 2072) olticers? rs are the What ate the constitutional provisions relating to the salary of pu ANS: The consttubonal provisions releting to the salary of pubic blown (SALED) ‘Slandardizaton of compansation (CONST. Art, X-2. Sec. 8) as implemented By BA Ro. 5788 ional, double o indirect compensation are prohibited. unless specifically Ethozed by aw (CONST. At Dea, Soe 3. Salaias of the Presi¢en! and View Presilent sha¥ be fied by Law and shall rot be decreased ducing thelr tenure. No inerease shall ake effect unl afer {he expirtion of term of tne incimbent during whieh such increase wn 2ppioved (CONST. AZt Vill See.) 106BEDAN RED BOOK 4. No increase inthe salaries af members of Congress shall take effect uni ator Ine Expralion of the fl term of tne Members of the Sonate and ihe House of Representatives who anprovad the increase (CONST. ar. V, Se. 19) 5, The salary of members of ie Judiciary shall not be Dacreased during their continuance in fice (CONST. At Vill’ Sec. 1) Note: Tha salary of a publ officer cannot, By garishmant, attachment, or oréor of ‘erzcuton, be seized, Pubic policy also prohibits the assignment af unearned selavies oF fees (Drsctor of tho Bureau of Ponting and tho Exocutive Socrotay v. Francisco, G.R. No, 31537, Decornter 20. 1973) :; What is the nextinrank rule? ANS: The nestinank rule provides that if there is a vacancy in a government that ‘ought to be fslec-up by promotion, the person holding the pasion next thereto should be fst considered (ADIL CODE, Book V, Tile |, Subtile A, Chapter 5, Sec. 21, pars (2) ana (3) ltapoies only where a vacancy ist Be filed by promotion, 3 process which Udenotes 2 scalar ascent of an officer fo another postion hyiereihe! In Fank oF Salary {Abii v Gx Sorice Commission, GR. Ne. 92573, Jano 3, 1991). 1: Who is considered as next in-rank? ANS: in employee is hextsn-‘ank whten he Is appoinied on @ permanent basis to = position previously determined to be nextin-ank to the vacancy proposed o be flied, Drovided he meets the requisites for appoiniment to the vacant postion as previously ‘otarined by the apoining authonly and approved by the Civk Service Comaission (P.0.807, Art Vit, See. 19, par (8). , : Ig the nextin-rank rule absolute? |ANS: No, The appointing auihority may promote an employee who i nol nox anh Dut who possesces superior qualifications ana comp..once 95 cofparad Lo 2 noxtin: rank employee tho may merely reel the miei requitements for the postion (Resolution No. 83-343 See, 4. por (2), pursuant fo P.D. Ne. BOT, Section 9, par (b) ‘nd Section 19) i The nextin-tank rue merely provides that the ofcer nextinrank would be te frst to be considered for the vacancy. He ie only enliled fo preferential consideration but K doo not immediately flow that only ne can be promoted: The rule does not grant him a ‘eated night to the offes. Neither docs I mpage > minsieval duty en tho appointing Power 19 promote him (Santage, Je v. Chil Service Commision, GR Wo. 81467, Octeber 27,1989). (©: What is the legal basis forthe i with pay? ANS: The following are the legal basis for the ight cf public ofcers to vacation and sick leave with pay Goverment offcers and employees aro now ented to commutation of al leave cress without limialion and regardless ofthe period when the credits viors earned. provided the claimant sane n-the service 95 of January 9, 1 {Office ofthe Presidcat Idemo Grcutar Bo, Horch 24, 1908), and 2. Elective loca ofeiais shall 9 antilad to tho some loave privileges as those fenjayed by appointive local aficals, inclu the cumulation and commetation thereat LGC, See. 81) ‘of public officers to vacation and sick leave : What is etirement pay? ANS: Reltomant pay & Ine benefit guen to government employaes to reward them fr ‘ving the tes! yoars of thei Ives in the service of ther county (GSIS v CSC, GRR Nos. 98505102448, June 19, 1995), 107 POLITICAL LAW——— eon" ETE ZA ee) @: Can a pubic officer be Hable for injuries caused to another as a consequence: of his official acts? ANS: Generally, the pubic ofleer Ie. no able for injuries sustained by another as ‘ongequonce of oficial acts done within the scope of his auroty, except a8 otherwise Drove byt, tw 1. Statutory iabliy under the Chil Code (Aas. 27,32, and 34h 2. When there is'a clear snowing of bad faith, malice, oF negligence (ADM, CODE, Book |. Chapier 9, Suction 23) 3. Griminal abity under the Revised Penal Code (Ate, 209 f0 212, Art. 213 10 216, ris. 27 fo 222, and Avis 222-245) 4 Labiity on contacts entered into without or in excess of aulorty (elehorv Commission an Ai, GR. No, 95398, August 19, 199%): and 5. Labi oe tort iondoza v. De Lecn, &.R. No. L-9596, February 11, 1916). i Note: In matters of tho Same wl not be imputabe tothe public aficer i is shown that he aced within the limits of his authority witout the attendance fsa ath (CRUZ, Law of Pubs Otlicors, supra at 258) : Vihotis the three-fold fablty ule? ANS: A puble cficer may be eubject (0 eu, ciimlna, and adminieatve actions. This ‘cow a8 the Deed sat rule: The dismissal ofan adminstave case does nok ecessarly bar the fing of 8 chiminal prosecution Tor the same acs (Tecson v. Sandiganbayan, GR. Mo. 123045, Movember 16, 199%) : If he outy of the public officer is merely ministrials shat can be invoked to onder him lable of his acts? ANS: First. he:can be labo for nanfeasance for noolect or rousal to perform an act whichis the affears legal obigainn to porfom. Segond, he ca De held table fo Iisfeasance fer fluro to use that Cogtee e! care, ski, and dienes requited in the parfoomance cl ofc duly. Las, he canbe Kable for malfeasance in omg, through Ignorance, intteticn, or males, gn act when he had no legal ght loperferm (REVES, i The Revised Penal Cate» Cuminat Low Book i (2008), p. 374-375). G: Can a public officer be held lable, for the wrongful another public officer? ANS: Yes. Gonoraly, ahead of 2 department or a superior officer shall not be city lable for mo wronghul acts, omissions-of duly, negigence, of mistaasance of hs Subordinales, However, he can beheld labia whieh he fas actualy authorized by writen ‘order the specie act or misconduct complained of (ADM. CODE, Book. Chaptor 9, Soe. 38. par (3) {Is th principle of command responsibilty applicable inthe Philippine setting? ANS: Yes. Command responstilty pertains tn the "respanslly of commanders fo: ‘cmos commited by subordinate members afte armed forees or other persons subject to thek coniol in Intemational waes or domestic canfit" Although orgnally used foe atcartinng criminal compliiy. ihe commend responsiblity dactine has aiso found ‘anplicaton n ces eases for numan rights abuses. The commana fesponsibiliy doctine ow constites. 4 piincple ol ilemational law oF sustorary iterations fa in ccoruance wth the ienporaton riause ofthe Consttlion (Rodriguez v.Auroyo, GR. Me. 11805, November #5 2011) ©: Can a subordinate officer be held Hable for wilful or negligent acts oven if he acted under orders? ANS: Yes. The Administrative Code provides that "No subordinate officer ar employee shall be cly Hable for acis done By tien in gcod faith i he performance of his cules. However, he shall b isle fr wilful or negligent acts dane by Pim which ave contrary to law morals, public polixy and good custome even i acted under orders, oF instuctons of his superia's (ADM CODE, Book k Chapter 9. See. 19). 108BEDAN RED BOO! G.DEFACTO vs, DE JURE OFFICERS Q: Wn is adc jure public officer? ANS: & de jure pub offer Is one who is dezmed, in all cespecs,lagaly appointed and qualiet| and whose term of office has not expired (Topacio v. Ong. GR. No. 179835, Decemner 23,2008). ©: Wino Is a defacto public officer? ANS: An officer de factc is one wie has the reputation or appearance of telng the ‘officr he assumed to bo Dut who, in fact under the low, has ao ight oil o he offee he assumes to hols. He is distinguished Kom a mere usirper or inter by tha fac hot tha former holés by some colar of sigh oF tie while the lalerilrodes upon the effice and assumes to exercise is functions witout either the legal te or calor of right tO Such office (Codita v. Martinez, G.R. No, L-14569, November 23, 1960) (: What are the requisites to be considered a de facto officer? [ANS: The faliowing aro the requies to be cansitered asco facto ocr: VAC) 3 AMalily exiting pub fice: 2 ‘Actual physica! possession of said ofc in goa faith and 3. olor of ule to office or general acquiescence by ine public {Tix Sandiganbayen, G.R. No. 110568, October 17, 1998). Q: Distinguish a de facto officer from a de jure officer. ANS: A de jure officer as a thle to an offen, although ho may net yot bein possession ofthe offce. de facto ofcar is one who has possession ofthe ace under color of Duthonly (CRUZ, . supra at 52). However, tne Ge facto officer ie Subject to the same Tabities imposed ‘on the de jure offer In he dsenarge of offal duties, in aoation to whatever special damagos’ that may He" due from’ fim Becaise of his unlawful assumption of ofee (Coatlav. Mrtines, supe). y ©: Aw acts performed by a de facto offer considered valle? ANS: The lawhul ects of do facio offce, £0 far a8 the rights of third person are sneered are, if ane whi the scape and by the apparent aurhory of the oes. Cansiered vaid and binding as The weve the ofierlegalywiecled and quaified fr the tice and in Tul possession thereot (Laud v. Poopla, Gk, No. 199032. November 13 2014), Q: Distinguish a de facto officer trom a usurper. ANS: Tho acis of 8 usurper are entiely void (CRUZ, supra at 3).On the other hand, the actions of a de facto ilu ar vabd inser a tied persons are concamad and the {general public reed on said acts. Is the calor of auhorty. not the calor of We that Gisinguiches an offcer de facto Irom a usuper. means thatthe authoty to eld ofice is by some election of appoiniment. owewer regular or infermal (Cie! Service Gowmission »- Joson, GR. Mo, 154674, May 27, 2004), ©: Is a.de facto officer entitled to sslnry and other compensation for services actually eonderea? ANS: Generally, no. The sghfl incumbent may recover from a de facto oflcor the solar rocowed by the latter curing the lime of wrangfl tenure even thcugh the later is in goed fat and under cole of te (Monvoyv. Cour of Appoals. GR Mo L-23256, July 1.1987) Exception: When there is no de jue ofticer, the de fect officer is ented to salaries forthe petiod when he actualy discharged functons in good fait (Cia Liberties Union v exec So. GR io. 84896, February 22.1909), 109EA M1228 : Whats the proper remedy to unseata defacto officer? ANS: The proper remedy i insti a quo waranto prosaeding under ula 65 of Rules of Court The ile to a public offee may not be contested except directly through quo barante proceedings within one yen" from the ciaposton trom office. N {cannot be assailed ealstealy. even Imough mandamus ar @ moon to ana oF sat sido order (Topacia v. Associa kistea af the. Sanciganbayan, GR. No. 179808, December 16, 2008), TERMINATION OF OFFICIAL RELATION : What are the modes of termination of official relation ofa public officer? ANS: The follwing are the modes of separating public ocr from. hs office: (FIRE cwe’o) 1. odatus— Oeste ofthe public otis through positive act Far example, any person holding @ pubic agpoinive office ot postion, ineuaing aetve members of the Armed Forces ol the Phiippnes, and offeors and emeloyees in governmentowned- of contioied corporations. witheut trina charter. shall be considered ipso facto resigns from his offee upon the fing of his cerlicate of candidacy (OMNIBUS ELECTION CODE, Sec Be. Another oxamele is nalulbizalon to Toten clizenship (Risgui COMELEC, GR No. 198648, Aon 1, 2013) 2 Impeachment ~ it is the exraordinary moans of removing 2 igh official (CRUE, sopra at313} 3. Recall” itis a metied of remeval where the people exercise ther surage and express thew 1s of confidence Ina public olfest (CRUZ, Poitical Law, supra 2t 821). No recall proceedings can lake place wihin a yea from the date of the neal ofits assumpian af ofiee anc winin 3 yaar Lafore 2 regular local ‘lection (LGC. Sex. 74 (). 4 Expiration of Term ~ Whan the term of office has eres, 2 public officer's Fela tp his offee is automaticaly terminated uniess the holdover rule Apples. Tho teem o an officer who nelds rugly conisenlal postion expires when the appoining power terminates his postion because of loss of onfdenee I's not rooted a5 removal or clsmssal ingles v Aste, GR. Ne, 120380. Novomber 29,1930} 5. Gonweion ofa Crime ~ The convcton of a public ofcer at 2 cima that carries with tthe penalty of perpetual & temporary absclute dsqualiicaion shall have the effet of doprvng hin of hs public offes (REVISED PENAL CODE, it 30) 5. Absndcnment ~ it means an adsolule relinquishment of we office with no Intent retvn ancis not -tlended wih the ferraliies csarved in resignation I an employee who is on leave without pay for any reason fais to return to Gly athe expiration of one year from the elleciva dale of such Weave, Ne Shall be considered aulomalicaly separaled (rom the service (REVISED CIVIL. SERVICE RULES, Rule XVI Sot. 39) Aczeslmce of an iacompabiste olce — Incempatitily exis wher the aracter oF naute oF offions aro such Wat One parson should not ald beth because of te conranely ane! antagonisa: which auld res nthe altermpt to fants ane wnparialy discharge Pwo due ol ore toward the ncumbsat el the one. Accapiance Of the ncompatble alice aulomatialy vacates th fs even itl to Ie second office should subsequently be annulled (CRUZ, Law ‘of Putte Otfcers, supra af 303}: 8. Aboliion of Offce ~ An oftco created by law may be abolished by the Consutution o by lav, A constiutonaly-created oftee may only be abolished by the Constitute: